Max Turcios Upper Brookville, Deniz Almeida Upper Brookville: Max Antonio Turcios, Deniz Dos Santos Almeida Killed In Upper Brookville Trench Collapse Accident While Installing Septic Tank
UPPER BROOKVILLE, NEW YORK (February 9, 2020) – Two workers identified as Max Antonio Turcios and Deniz Dos Santos Almeida have tragically died in a trench collapse accident at a home near Wolver Hollow Road and Pine Valley Road.
New York police officials are saying that the accident occurred around 4:45 p.m. Officials are saying that Max Antonio Turcios and Deniz Dos Santos Almeida were installing a septic tank at the time of the accident.
The two victims were in a 30 foot deep hole when the dirt walls around them caved in. Firefighters and paramedics rushed to the scene in order to help the two victims.
Both workers were pulled from the trench. But Max Antonio Turcios and Deniz Dos Santos Almeida were not able to be saved and later died due to their injuries.
An investigation into the cause of the accident remains ongoing at this time.
Liability In Upper Brookville Trench Collapse Accidents
Trench collapse accidents are fairly rare but still much more common than many may think. According to Industrial Safety and Hygiene News, “From 2013-2017 there were 97 trenching fatalities in the construction industry – an average of 19 per year, from a low of 10 deaths in 2014 to a high of 33 in 2016 [BLS, 2019]. While the total number of 85 construction-trenching deaths in the previous five years, 2008-2012, was lower, the average of 17 construction-trenching deaths during that five-year period is not significantly different (p=.59) [BLS, 2019].” There are many hazards associated with trenches.
Construction workers that enter unprotected trenches are at a serious risk of injury or death. The hazards associated with trenches are well understood in the construction industry and largely preventable. Here are just a few of the measures that can be taken to help keep workers safe when trenches are being utilized:
- Trenches should be inspected by a “competent person”
- OSHA’s general requirements should be followed
- The soil around a trench should be carefully analyzed. It can become unstable especially after rain.
- All trenches deeper than five feet must have protective systems
Unfortunately, victims of trench collapses rarely survive due to the extreme weight placed on them. Just one cubic yard of soil can weigh as much as 3,000 lbs. The family of any victim that died in a trench collapse may have legal recourse through a worker’s compensation claim. Damages in a claim can help cover lost wages, funeral costs and medical bills. What many workers and their families may not realize is that the workers’ compensation system may not be their only resource after an accident.
Depending on the facts of any case a general contractor may face civil liability for a trench collapse accident. General contractors are held strictly liable for gravity related accidents under New York Labor Law 240(1). The law applies to instances where a worker falls from an elevated surface or was struck by a falling object. It’s important that evidence is properly preserved and collected after an accident. A construction accident attorney can investigate your case free of cost and get you the answers that you deserve about what went wrong.
Investigating An Upper Brookville Trench Collapse
We at Pulvers, Pulvers & Thompson extend our deepest condolences to the families of Max Antonio Turcios and Deniz Dos Santos Almeida. Any person that may have knowledge about what happened should reach out to OSHA as they continue their investigation. As workers rights advocates we sincerely hope that measures are taken to make this construction site safer. Trench collapses are highly preventable when the right safety precautions are put in place.
